A.
The intent of this article is to provide for the continuation and,
under appropriate circumstances, elimination of existing uses of property
that do not conform to the requirements of this chapter or that may
not conform to future amendments thereto.
B.
The provisions herein are designed to accomplish this intent in a
way that:
(1)
Recognizes the rights and interests of owners of individual
properties that have been rendered nonconforming by Village action
to upgrade zoning policies and standards.
(2)
Allows the property owner or lessee to recover his or her investment
in the nonconformity, while also recognizing that by virtue of the
nonconformity he or she enjoys a special right not available to other
property owners in the same zoning district.
(3)
Minimizes the nuisances, reduction in neighboring property values,
and other adverse effects of properties that do not conform to their
environs
B.
The lawful issuance of a building permit prior to the dates specified
above shall be considered to establish the lawfulness of any building
or structure.
C.
There are three categories of nonconformities:
(1)
Activity nonconformities.
(a)
A property with an activity nonconformity is being used for
a purpose not allowed in its zoning district.
(b)
Activity nonconformities are any activities or functions carried
on at a premises (as either a principal or accessory use) that are
not allowed by the permitted and conditional uses of the zoning district
in which the premises was designed.
(c)
The use of a dwelling now located in a residential district
as the site of a previously legal business is an example of an activity
nonconformity. The design of such a structure is conforming, but its
use is not.
(d)
The provisions herein recognize that activity nonconformities
can generally be eliminated more easily and at less cost than other
kinds of nonconformities.
(2)
Design nonconformities.
(a)
A property with a design nonconformity was designed for a purpose
not allowed in its zoning district. Its present use may or may not
be for a purpose allowed in that district.
(b)
A design nonconformity is the design or intended use of all
or substantially all of a premises for any principal or accessory
use not allowed by the permitted and conditional uses of the zoning
district in which it is located, irrespective of the nature of the
activities currently carried on at that premises.
(c)
A previously legal premises now located in a residential district
that was designed and intended as an automobile service station or
an open sales lot would be an example of a design nonconformity, even
if no service station or sales business were currently operated on
the premises. A store building in a residential district presently
used as an elementary school would be another example. In both cases,
the use or activity on the premises is conforming but the design or
appearance of the premises is not.
(d)
The provisions herein recognize that design nonconformities
are more difficult and more costly to eliminate than activity nonconformities.
(3)
Standards nonconformities.
(a)
Standards nonconformities are all other nonconformities with
the requirements of this chapter, including nonconformities involving:
(b)
An underdeveloped lot not meeting the minimum width required
by its zoning district, or an otherwise conforming business with a
sign that does not meet a requirement of the sign regulations, would
be examples of standards nonconformities.
(c)
The provisions herein recognize that certain types of standards
nonconformities are difficult and costly to eliminate while other
types can be eliminated more easily and at relatively modest expense.
A.
Repair and restoration.
(1)
Routine maintenance and minor repairs within any twelve-month
period costing 33% or less of the value of the improvements on a property
with a nonconformity may be performed without elimination of any nonconformity.
(2)
Reconstruction or repairs costing over 33% of the value of the
improvements on a property with a nonconformity that is damaged or
destroyed may be performed so long as:
(a)
The new construction does not exhibit any greater degree of
nonconformity than existed before the damage or destruction; and
(b)
Existing design or standards nonconformities conform to the requirements on partial elimination of nonconformities in Subsection I of this section, except that partial or complete elimination shall not be required of any nonconformity with the requirements for minimum lot area or minimum lot area per dwelling unit.
B.
Additions, enlargements, and alterations to structures.
(1)
Activity nonconformity. No addition, enlargement or structural
alteration shall be made to a structure on a property having an activity
nonconformity without the elimination of such nonconformity.
C.
Expansion within structures.
(1)
Activity nonconformity. Any expansion within a structure on
a property having an activity nonconformity shall require elimination
of the nonconformity.
(2)
Design nonconformity. Expansion of activities within a structure on a property having a design nonconformity is permitted if the expansion involves no structural alteration as defined in § 156-3. Any other expansion shall require elimination of the nonconformity.
(3)
Standards nonconformity. Expansion within a structure on a property having a standards nonconformity is permitted conditioned upon the conformance of all standards nonconformities with the requirements on partial elimination of nonconformities found in Subsection I of this section.
[Amended 7-27-2016 by Ord. No. 16-16]
D.
Expansion of use of land. Expansion of the use of land having any
nonconformity, whether involving a principal or accessory use, is
permitted beyond the land area presently occupied only provided that
the nonconformity is eliminated and no new nonconformity is created.
E.
Moving of structures. No structure with any nonconformity shall be
moved in whole or in part to any other location on the same or any
other lot unless in the new location it will conform to all regulations
of the applicable zoning district.
F.
Change in activity.
(1)
Activity nonconformity. No activity creating an activity nonconformity
shall be changed to another activity that creates an activity nonconformity.
(2)
Design or standards nonconformity. If use of a property after discontinuation as provided above would reinstate, continue, or create a standards nonconformity, or a greater such nonconformity than existed previously, then such nonconformity shall conform to the requirements on partial elimination of nonconformities in Subsection I of this section.
G.
Discontinuance of activity.
(1)
Activity nonconformity. If an activity nonconformity is voluntarily
and intentionally discontinued, no subsequent use of the same property
shall resume or establish any such nonconformity.
(2)
Design or standards nonconformity. If use of a property after discontinuation as provided above would reinstate, continue, or create a standards nonconformity, or a greater such nonconformity than existed previously, then such nonconformity shall conform to the requirements on partial elimination of nonconformities in Subsection I of this section.
H.
Nonconforming residential lots of record. Any lot of record as of
the effective date of this chapter that is located in a residential
district that has no substantial structure upon it and that has a
standards nonconformity may be used for single-family detached dwelling
without eliminating the nonconformity.
I.
Partial elimination of nonconformities. Where specifically provided
herein, nonconformities shall be reduced or eliminated to the extent
the Village Board determines physically and economically feasible,
particularly where this can be done without relocation of sound major
structures, acquisition of additional land, or expenses disproportionate
to the cost of the expansion, enlargement, change or resumption of
activity, or other action taken.
J.
Value of improvements. For purposes of this section, the value of
improvements on the property shall be the most recent equalized assessed
valuation for property tax purposes divided by the assessment ratio
of assessed to true value.
Conditional uses approved by the Village shall not be considered
to have activity or design nonconformities but shall require an additional
conditional use permit for any alteration, enlargement, or extension.
The casual, intermittent, or temporary use of land or structures shall
not be sufficient to establish the existence of a nonconformity.
A.
A certificate of occupancy shall be required for the continuation
of all nonconformities created by this chapter or any amendment thereto.
B.
When the Zoning Administrator determines that a property has any
nonconformity, he or she shall notify the owner or lessee thereof
of such nonconformity and of the regulations applicable thereto.
C.
Such notice shall require that the recipient file with the Zoning
Administrator, within 90 days of the date thereof, either satisfactory
evidence that the property is not nonconforming or a completed application
for a certificate of occupancy to continue the nonconformity.
D.
Upon timely receipt of a complete and accurate application therefor,
the Zoning Administrator shall issue a certificate of occupancy for
the nonconforming property.
E.
The Zoning Administrator shall maintain a file of all nonconformities
of which he or she has sent notice and of all nonconformities issued
certificates of occupancy.
